Allahabad High Court
ASRAFversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a prima facie case for bail and therefore granted bail.
Summary
The applicant, Asraf, was arrested on 27 July 2026 in connection with a case (Crime No. 352 of 2026) involving alleged violations of the Uttar Pradesh Prevention of Cow Slaughter Act, the Arms Act, and sections of the B.N.S. He pleaded innocence, claiming false implication and no prior criminal record. The State opposed bail, but the court examined the material on record and the arguments of counsel. Without expressing an opinion on the merits, the court found that prima facie the applicant had satisfied the criteria for bail. Consequently, the bail application was allowed subject to a personal bond, two sureties, and standard conditions. The order emphasized that any breach would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether the applicant is entitled to bail pending trial under Sections 109(1), 3(5) of the B.N.S., Sections 3/5A/8 of the UP Prevention of Cow Slaughter Act, and Sections 3/25 of the Arms Act.
Legislation cited
- Arms Act — s. 25, 3
- B.N.S. — s. 109(1), 3(5)
- Uttar Pradesh Prevention of Cow Slaughter Act — s. 3, 5A, 8
Subjects
- bail
- criminal procedure
- Uttar Pradesh Prevention of Cow Slaughter Act
- Arms Act
- false implication
- prima facie
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33155 of 2026
Asraf
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Devashish Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.6 out of 114)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Brij Gopal Tripathi, Advocate holding brief of Sri Devashish
Tripathi, learned counsel for the applicant, Sri V.K.S. Parmar, learned
A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.352 of 2026, under Sections
109(1), 3(5) B.N.S., Section 3/5A/8 of UP Prevention of Cow Slaughter Act
and Section 3/25 Arms Act, Police Station Naini, District Prayagraj, during
the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
allegations levelled against the applicant are per se false and he has nothing
to do with the said offence. The applicant is not involved in the said act of
butchering. The false recovery has been foisted on the applicant. The
applicant has no criminal history and is in jail since 27.7.2026. He
undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, and without
BAIL No. 33155 of 2026
2
expressing any opinion on the merits of the case, prima-facie the Court is of
the view that the applicant has made out a case for bail. The bail application
is allowed.
7. Let the applicant- Asraf, be released on bail in the aforementioned case
crime on furnishing a personal bond and two sureties to the satisfaction of
the court concerned, subject to verification of sureties, with the conditions
that he shall not tamper with evidence or intimidate witnesses and shall
appear before the trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 17, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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